E/CN.4/2006/78/Add.2 page 11 non-governmental organizations, particularly the South African San Institute (SASI) and the Legal Resources Centre (LRC), indigenous groups have been surprisingly effective at using legislation designed to restore or redistribute land alienated under racial legislation since 1913 (date of the Native Land Act, which dispossessed a large part of the Black population). 35. Section 25(7) of the Constitution provides for restitution of rights in land to persons or communities who were dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices. Khoi-San communities argue that they were dispossessed of their land by settlers and the colonial administration long before the 1913 cut-off date. 36. The Restitution of Land Rights Act of 1994 established the Commission on Restitution of Land Rights (Land Claims Commission), which has the responsibility to investigate and process all land claims and a Land Claims Court. Considering that there was no legislation dealing explicitly with alienating land from Khoe and San peoples on the basis of race, it is a sign of the flexibility of the current legislation that most groups have shown some success with land claims. 37. Khoe and San communities that have benefited from the land restitution programme include the Riemvasmaak Nama Community, ongoing claims by Steinkopf and Richtersveld Namas; the !Xun and Khwe San communities who were displaced from Schmidtsdrift by a counter-claim; the Kleinfonteintjie Griqua community as well as the Khomani San Community in the southern Kalahari; and resettlement projects in Gudaus, Pella and Witbank. Griqua groups in the Northern Cape have also shown some success with land claims and redistribution projects, including the use of trust laws to gain collective land rights. 38. During the 1970s the Khomani San of the southern Kalahari (Northern Cape Province) were dispossessed from the then Kgalagadi Transfrontier Park, their traditional land, and were dispersed through South Africa, living in small groups or “clans” as a de facto underclass. In common with other displaced indigenous people, the San had become to a large degree assimilated into, or dominated by, local communities. The ancient San cultural practices, mainly nomadic in nature, were sporadically maintained in isolated groups.7 39. On the basis of the new legislation, the Khomani San community of the Andriesvale area launched a land claim with the help of two South African NGOs (SASI and the Working Group of Indigenous Minorities, WIMSA). In 1999 the first phase of the land claim was settled, and the claimant group received six farms totalling approximately 40,000 hectares of land, which were to be used for the benefit and development of all Khomani San people that formed part of the newly established Communal Property Association (CPA), as co-owners of the reclaimed land (about 300 people). In addition, they received rights to part of the Kgalagadi Transfrontier Park. The reclaimed land was to be used for game farming, eco-tourism and related activities. The entire claim was valued at R15 million. A second phase of the settlement was concluded in 2002, covering a further 25,000 hectares, to be managed as a “contract park”, together with another community. The land claim and resettlement process concerning the Khomani San community was uniquely challenging in that, during the years of apartheid, they had almost fully dispersed but after the resettlement they have reached a good level of institutionalization. 40. While the future activities of the community, based upon the reclaimed land, appear to have been well planned, after five years the South African Human Rights Commission has found that the living and social conditions of the Khomani San have not substantially improved, and a